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Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 4: In page 4, line 5, to delete "Agency" and substitute "Minister".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 5: In page 4, line 5, after "Agency" to insert "and/or the Authority".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 6: In page 4, line 8, to delete "Agency" and substitute "Minister".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 8: In page 4, between lines 9 and 10, to insert the following: “(3) At the same time of deposition with the Agency, a copy of the database and related records shall be deposited with the Minister.”. Amendments Nos. 8 and 9 relate to the idea of the database as a useful tool and something the Minister has described as potentially important and valuable...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: That is perfect. If there is some useful information I am happy to receive it.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: Absolutely. I am happy to do that. I will not speak for much longer. My key concern about the question of the database is that I was dissatisfied with the earlier answer. The Minister seems to be signalling that, perhaps, he has more positive answers to tell me now. In terms of the earlier answer, however, I do not believe being inefficient is an adequate argument for the database not...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I thank the Minister for that. It is very good. Out of respect for all my fellow colleagues in the other House in the Dáil, I still believe it would be best practice if Deputies were also able to hear this debate and draft versions of what that should look like. The Minister has the prerogative of still introducing amendments but nobody else in the Dáil does. I am thankful to...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I will press amendment No. 8. I will not press amendment No. 9.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 9: In page 4, between lines 9 and 10, to insert the following: “(3) At the same time of deposition with the Agency, a copy of all related records shall be deposited with the Minister.”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: May I make a brief point?

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I would appreciate it if the Minister would include it. Other Members have spoken on the wider issues, and I spoke about them at the beginning of this debate. Tusla's record has not been good. However, I have not received replies on the other issues I queried. I urge the Minister to give me a response to them and if he cannot, he needs to be able to deal with those issues and respond to...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 10: In page 4, line 22, after “2018” to insert “and regulations made under those Acts”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: Amendments Nos. 10 and 11 are coming at the same point. I am not sure if amendment No. 11 is necessary but I am seeking assurance from the Minister. I do not think I will need to press the amendments. It is my understanding that they may even be redundant but I want to know if that is the Minister's interpretation of the legislation because, if his interpretation aligns with mine, I do not...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I thank the Minister. That was the intention of the amendments and I am glad to have that clarification. It is important that Tusla is also aware that this is the interpretation. The Minister has indicated genuine commitment to moving on these issues. I urge him to use the two other powers he has to address some of the concerns that will arise, aside from the major legislative change that...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 11: In page 4, line 22, to delete “enactment” and substitute “legislation”.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I will speak to the three amendments. These are some of the most important amendments of the day. Amendment No. 12 explicitly refers to "providing information about a deceased person to a brother, sister, son, daughter, nephew, niece, grandson, granddaughter, grandnephew or grandniece of the deceased person". One of the greatest sources of distress for families concerns the information...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I am disappointed. With great respect, the 2004 Act is not set in stone. We amend and change laws all the time. Of course, there is a concern if there are people whose rights are affected because we have changed a law. The Minister may speak of the rights of those who participated. However, there is sufficient measure already, even within Article 15 of the GDPR, to protect the rights of...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 14: In page 4, after line 36, to insert the following: "4.The Minister may make regulations outlining the mechanisms whereby the documents deposited with him or her under this Act may be processed for the purposes of the Data Protection Regulation.".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 15: In page 4, after line 36, to insert the following: "4.Notwithstanding anything in section 41 of the Act of 2004, the Minister may make regulations outlining the mechanisms whereby the documents deposited with him or her under this Act may be processed for the purposes of the Data Protection Regulation.".

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: Committee and Remaining Stages (16 Oct 2020)

Alice-Mary Higgins: I move amendment No. 16: In page 4, after line 36, to insert the following: “Interpretation of section 39 of Act of 2004 4. Section 39 of the Act of 2004 shall not be interpreted as preventing a person from accessing documents and records of interviews in which they are the subject or statements they themselves provided to a Commission of Investigation.”. I will be very...

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